For how long is the process of child legitimacy because it took 2 years for us until now.

Posted Tue, May 6, 2025 1:52 AM

Good day from Recososa Law Firm!

We understand your concern regarding the prolonged process of legitimating your child, which has already taken two years without resolution. Under Philippine law, child legitimacy may arise through different legal remedies, depending on the circumstances of the child's birth and the subsequent actions of the parents.

a.) If the child was born out of wedlock and the biological parents subsequently married, the process of legitimacy under Article 177 of the Family Code should be automatic, provided that the child was acknowledged by the father before or during the marriage. In such cases, the parents may file a petition with the Local Civil Registry to annotate the legitimacy in the child’s birth record, which typically takes only a few months if unopposed and all documents are complete.

b.) However, delays often arise when there are documentary issues, incorrect entries in the birth certificate, conflicting records, or lack of personal appearance. In these instances, a petition for correction under Rule 108 of the Rules of Court may be necessary, which must be filed with the Regional Trial Court and involves publication and possible hearings. This court process can indeed take over a year, especially when there is court congestion or lack of follow-up.

c.) If the child is not qualified for legitimacy but qualifies for recognition or filiation, the parent may instead initiate judicial proceedings to prove voluntary acknowledgment under Article 172 of the Family Code, which may also entail a court process.

We strongly advise that you allow us to review your documents to assess what legal remedy is most appropriate and what has caused the delay in your case. By hiring our firm, we can directly intervene, monitor the court or civil registry proceedings, and expedite the correction or legitimacy petition to completion.

We can schedule an initial consultation via zoom call. Client may schedule a convenient date and time of the meeting through the below calendly link:
👉 https://calendly.com/recososalawfirm

There is a 2,000 Philippine Peso consultation fee but we will refund consultation fee when client hires us after the consultation. Alternatively, client can also call or text on the below contact number +639175046510 or email [email protected].

We look forward to assisting you in resolving this matter.

Posted Tue, May 6, 2025 1:55 AM

Good day from Recososa Law Firm!

The process of child legitimacy in the Philippines may vary in duration depending on the legal route taken, the completeness of documentation, and whether court intervention is required. Generally, legitimacy is governed by Article 177 of the Family Code, which provides that children conceived and born outside of wedlock are deemed legitimate if their parents subsequently marry and the child is duly acknowledged by the father before or during the marriage.

a.) If the legitimacy is being processed administratively—such as by filing an Affidavit of Legitimation and supporting documents with the Local Civil Registrar—the process typically takes only a few weeks to a few months, provided that the records are complete and uncontested. However, delays may occur if the civil registrar requires correction of birth entries, or if there are inconsistencies between the birth certificate, acknowledgment documents, and marriage certificate.

b.) If the case involves clerical or substantial errors in civil registry entries, a petition for correction under Rule 108 of the Rules of Court may be necessary. This is a judicial process that includes publication and possible opposition, which can stretch over one to two years depending on the court’s docket, the pace of compliance, and whether there are contested issues.

c.) The absence of reference to the father's acknowledgment or incomplete documentation may also result in the case being treated as a petition for recognition or judicial declaration of filiation, which is even more time-consuming and complex, involving testimonial and documentary evidence.

Given that it has already taken two years, it is highly likely that either a judicial process is ongoing or there are procedural bottlenecks in your documentation or legal steps taken. We recommend that you hire us so we can review your documents and case status, determine the appropriate remedy, and expedite resolution.

We can schedule an initial consultation via zoom call. Client may schedule a convenient date and time of the meeting through the below calendly link:
👉 https://calendly.com/recososalawfirm

There is a 2,000 Philippine Peso consultation fee but we will refund consultation fee when client hires us after the consultation. Alternatively, client can also call or text on the below contact number +639175046510 or email [email protected].

We are ready to assist you in finally securing the legitimacy of your child under the law.